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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Eviction Date 4th June - Kensington Leading Me On SUSPENDED


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Hi Ell-Enn and all that gave advice.

 

Today I attended County Court after having the eviction on the 4th June 2010 vacated as I put my Suspension Notice In, the case was heard today in front of a Circuit Judge.

 

The Judge Ruled in my favour, and that the following

 

The Eviction is Suspended Until 6th September 2010

 

I am to make my normal monthly mortgage payments

 

Where Possible Based On My Budget Sheet Pay an Additional 300 for the arrears however this is not part of the order.

 

He will then review the case in September 2010

 

He went to go on an say that the case was very unique in the way Kensington had treated me, and that if he was to grant eviction as I am about to come out of my Bankruptcy would put me back in financial hardship and I am now back on my feet.

 

The lawyers said that he wanted the order to show that if i do not pay as when due that they can seek eviction. The Judged ruled NO, in that he will wait to the 6th September 2010 and judge then. They asked about costs, he also said that he will not award costs until he reviews the case in September 2010

 

So i would like to say thank you to all that advised and especially Ellen thank you

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That's great news! well done for being so brave :)

 

If you keep to the payment arrangement you should be OK at the hearing in September.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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This is excellent news diverse,many congratulations a stunning victory.

 

The next stage is you will be discharged from your bankruptcy this month,the receiver will then have 3 years to realise any interest he has in your property if not it reverts automatically back to you.

With the amount of arrears you have on the property although there will probably be a lot of charges which you could claim back the property could well stay in negative equity so there will be no interest for the receiver to realise and it will come back to you after the 3 year period.

Now you have got over the first hurdle it might be worth contacting the receiver to see exactly where you stand for your own peace of mind and whether it would be possible to purchase his interest as if the equity is negative this could be for a nominal fee.

Wait for your discharge from bankruptcy first though!

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